Punjab-Haryana High Court
Raminder Kaur & Anr vs State Of Punjab & Anr on 30 August, 2017
Author: Arvind Singh Sangwan
Bench: Arvind Singh Sangwan
CRM-M-9726 of 2017 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-9726 of 2017
Date of Decision: August 30, 2017
Raminder Kaur and another ........Petitioners
Versus
State of Punjab and another .....Respondents
CORAM:HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Aayush Gupta, Advocate
for the petitioners.
Mr. Randeep Singh Khaira, Assistant Advocate
General, Punjab.
Mr.Raghav Sharma,Advocate
for respondent No.2.
*****
ARVIND SINGH SANGWAN, J.
Petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0190 dated 25.10.2016, under Sections 420,120-B of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station Division No.5, District Police Commissionerate (Ludhiana) (Annexure P1) and all consequential proceedings arising therefrom, on the basis of compromise dated 29.12.2016 (Annexure P2) .
Vide order dated 22.3.2017, a direction was given to the Illaqa Magistrate to record the statements of the parties and submit a report regarding the genuineness of the compromise effected between the parties .
1 of 3 ::: Downloaded on - 03-09-2017 09:44:04 ::: CRM-M-9726 of 2017 2 In pursuance thereof, the trial Court has submitted a report dated 31.3.2017 (forwarded by District & Sessions Judge Bathinda on 3.4.2017), after recording the statements of the parties, that the complainant-Jasbir Kaur-respondent No.2, and accused- Raminder Kaur and Inderbir Singh have appeared along with their respective counsel, who had identified them and got their statement recorded acknowledging that the compromise had been effected voluntarily, without any coercion or any undue influence .
Perusal of allegations in the FIR reveals that the present case squarely falls in the category of cases that can be quashed by the High Court, in exercise of its inherent power under Section 482 of the Code. Keeping in view authoritative enunciation of law laid down by Hon'ble the Supreme Court of India in "Gian Singh vs State of Punjab and another", 2012(4) R.C.R. (Criminal) 543 and in the light of facts and circumstances of the present case, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that criminal proceedings are put to an end.
As per the Full Bench judgement of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.
2 of 3 ::: Downloaded on - 03-09-2017 09:44:05 ::: CRM-M-9726 of 2017 3 Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue.
Accordingly, this petition is allowed. FIR No.0190 dated 25.10.2016, under Sections 420,120-B IPC, registered at Police Station Division No.5, District Police Commissionerate (Ludhiana) (Annexure P1) and all the consequential proceedings, arising therefrom, are ordered to be quashed.
(ARVIND SINGH SANGWAN) JUDGE August 30, 2017 arya Whether speaking/reasoned: Yes Whether Reportable:Yes 3 of 3 ::: Downloaded on - 03-09-2017 09:44:05 :::